| TYPE |
PURPOSE |
ADVANTAGES |
DISADVANTAGES |
|
| B1 Business |
- Negotiate Business deals in US
- Conduct an Arbitration
- Generate Customers
- Maids, Butlers, Chauffeurs, and other personal attendants
accompanying their employer to the US.
|
- Quick and Easy. Citizens of most Western European Countries and
Japan, do not even need a visa, but can come on Temporary Business with
just their passports. for those who need visas they are relatively easy
to obtain.
|
- Time in the US is limited as is the scope of activities. Any kind of
”work” – even voluntary or charitable work is strictly
prohibited.
|
|
| E1 Treaty Traders |
- Individuals who own 50% or more of a business at least one half of
which is conducted with the country of which they are a citizen
|
- Indefinite Term. This visa can be renewed almost automatically as
long as the investment remains in an ongoing business.
- Spouses and dependent children under the age of 21 can obtain
employment permission enabling them to work any where they want without
restriction
- for many individuals obtaining this visa is better than becoming a
permanent resident because they can remain out of the US as long as they
like without losing their visa whereas Permanent Residents should not
leave the US for more than 6 months. There are also significant tax
advantages. A visa holder is not required to pay US taxes on his
worldwide income, unlike a permanent resident.
|
- Only citizens from a limited number of countries qualify for this
visa.
- The 50% trade requirement severely limits the number of people and
business who can take advantage of this visa.
|
|
| E2 Treaty Investor |
- Individuals who invest $100,000 in cash or notes into a US business
of which they own at least 50%.
|
- Indefinite Term. This visa too can be renewed almost automatically
as long as the investment remains in an ongoing business.
- The type of business is irrelevant. Any business you choose to
invest in is ok as long as it is an active business. Passive investment
such as ownership of empty land, or stock investments are not considered
an investment in ongoing businesses.
- Spouses and dependent children under the age of 21 can obtain
employment permission enabling them to work any where they want without
restriction.
- for many individuals obtaining this visa is better than becoming a
permanent resident because they can remain out of the US as long as they
like without losing their visa whereas Permanent Residents should not
leave the US for more than 6 months. There are also significant tax
advantages. A visa holder is not required to pay US taxes on his
worldwide income, unlike a permanent resident.
|
- Only citizens from a limited number of countries qualify for this
visa.
|
|
| H1B Temporary Professionals |
- Companies who have a temporary need for Professional workers can
bring over them over for up to 6 years.
- The individual beneficiary must have a University Degree or 12 years
experience in their field of expertise.
|
- Can be obtain within a couple of months. Canadians have special
provisions which allow them to process directly at the border the day
the wish to come to the US.
|
- The term of 6 years cannot be extended
|
|
| H2B Temporary Worker |
- This is for Skilled or Unskilled workers coming to fill a temporary
position. If the job continues to exist after the person leaves the US
it is not considered temporary.
- It is most often used for Lesser known Entertainers, Athletes, and
other Performers
|
- It is the only visa which allows an unskilled worker or lesser known
entertainer to come to the US and work on a temporary basis.
|
- Cannot be used for more than one year at a time. And has a maximum
of three years.
- Individual can only be employed by one employer.
- family dependents cannot work in the US.
|
|
| H3 Trainees |
- foreign individuals employed by US Companies abroad who are sent to
the US for training.
- foreign individuals employed by foreign companies overseas that a
have a special relationship with a US Company.
|
- Can be obtained relatively quickly.
- Will permit the individual to train and to work in the US as long as
the paid work is incidental to the training.
|
- Usually only approved for a maximum of 18 months
|
|
| L1 Intracompany Transfers |
- Managers or Executives of overseas companies who are transferred to
US branches, subsidiaries, or affiliates on a temporary basis.
|
- Visas can be issued quickly
- Dependent spouse and children can obtain unrestricted legal work
permission in the US.
- Larger companies can obtain blanket approvals rather than individual
approvals which permits individuals to apply for the L1 visa directly at
the local US Consulate.
|
|
|
| J1 Exchange Visa |
- Many purposes but for business the primary reason would be to have
someone sent to the US for training purposes.
|
- It is not as restrictive as the H3.
|
- Before applying with Immigration we need to obtain an approval of
the training program from the US Information Agency.
- Generally business training is only approved for 18 months.
|
|
| O1 Persons of Extraordinary ability |
- for person recognized as the top tier in the arts , athletics,
science, business and education
- This visa is limited to Academy award winners, Noble Prize
recipients, Major League Players, and the like.
|
- INS approval and overseas visas can be obtained quickly.
- Individual can obtain permission to remain in the US up to 10 years.
|
- Restricted to all but a very few eligible persons.
|
|
| P1 Visas for Outstanding Athletes, Teams and
Entertainment Companies |
- Similar to the O1 Visa but intended for Internationally recognized
groups.
|
- INS approval and overseas visas can be obtained quickly.
- Individual can obtain permission to remain in the US up to 10
years..
|
- Restricted to all but a very few eligible persons.
|
Copyright ©
2003 Krause & Associates P.C. All rights reserved.
|